Skip to main content

Reply to this post | Go Back
View Post [edit]

Poster: k-otic Date: Jun 28, 2010 9:06am
Forum: feature_films Subject: Are any of these titles in the Public Domain?

Space-Thing (1968)
The Giant Claw (1957)
Revenge of the Virgins (1959)
The Disappearance of Flight 412 (1974)
How to Make a Monster (1958)
The Wackiest Wagon Train in the West (1976)
The Blood Barrier AKA Border Cop (1979)
The Mack (1973)
Redneck (1973)
Horror of the Blood Monsters (1970)
Hangar 18 (1980)
Firehouse (1973)
Frankenstein Meets the Spacemonster (1965)
Frankenstein Conquers the World (1965)
Dracula vs. Frankenstein (1971)
C.C. and Company (1970)
Brain of Blood (1972)
Blood of Ghastly Horror (1972)
Blood of Dracula's Castle (1969)
Panic in Echo Park (1977)
Blonde Ice (1948)
The Spook Who Sat by the Door (1973)
The Man in the Cube (1969)
The Strangers in 7A (1972)
One on Top of the Other (1969)


This post was modified by k-otic on 2010-06-28 16:06:20

Reply to this post
Reply [edit]

Poster: picfixer Date: Jun 28, 2010 10:06am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Oh how I wish "The Giant Claw" was PD, but I know it isn't. It has what possibly are the worst FX ever released by a major US studio (Columbia). A number of years ago I ran awful movie nights at a local pub, and "The Giant Claw" was a beer guzzler favorite. You just can't beat a gigantic, supersonic, antimatter, rubber chicken from outer space!

"Revenge of the Virgins," now there's a jaw dropper. Something Weird Video issued a poor quality print on VHS. Wasn't everything they had PD?

Reply to this post
Reply [edit]

Poster: cosmico Date: Jun 28, 2010 11:17am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

The Giant Claw is available as part of a 4-movie package of Sam Katzman productions, released by Columbia to DVD a few years ago. Revenge of the Virgins was released with a beautiful print on DVD by Something Weird Video together with another movie and the usual collection of trailers and shorts. I'm semi-retired and basically poor, but hey, I find a lot of these things at greatly reduced prices from Amazon Marketplace sellers and get 'em there. My DVD collection is made up mostly of what other people would consider junk (b-movies from the mid-1940s to mid-1960s, obscure tv shows from the 50s and early 60s), but it's more entertaining to me than sitting through bloated crap like Star Trek 2009, Transformers, Superman Returns, Lord of the Rings, Avatar, etc., so...to each his own. :)

Reply to this post
Reply [edit]

Poster: picfixer Date: Jun 28, 2010 12:21pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Glad to hear Something Weird has upgraded "Revenge of the Virgins" on DVD. Their VHS edition is all-but unwatchable. Then again, with this flick maybe it helps.

Reply to this post
Reply [edit]

Poster: cosmico Date: Jun 28, 2010 12:36pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

The rumor has been that Ed Wood wrote the film, but I'm not sure I buy it. A lot of people have tacked Ed's name onto films just to attract interest and boost sales.

Reply to this post
Reply [edit]

Poster: guyzilla Date: Jun 28, 2010 7:20pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

A lot of Something Weird's products have been upgraded on dvd since Image Entertainment bought them out. They used to be an independant distributor like Sinister Cinema.

Reply to this post
Reply [edit]

Poster: picfixer Date: Jun 28, 2010 10:55pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Thanks for the info. Guess I'll take a second look at their catalog.

Reply to this post
Reply [edit]

Poster: cosmico Date: Jun 29, 2010 4:55pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Look quickly, because the professionally-produced Something Weird Video DVDs (most of them double or triple feature discs with lots of extras), were distributed by Image Entertainment, but are now out of print and selling out at reduced prices on sites like Amazon.com, etc.

Most of the DVDs on the Something Weird website are DVD-Rs, with cheap menus and are overpriced (like Sinister Cinema's DVD-R discs, sadly). However, Sinister has much better and faster service, and if you take advantage of one of their sales (like their July "10 DVD-Rs for $98") you can really get a lot for your bucks (if you have any bucks, that is).


This post was modified by cosmico on 2010-06-29 23:47:32

This post was modified by cosmico on 2010-06-29 23:55:28

Reply to this post
Reply [edit]

Poster: picfixer Date: Jun 29, 2010 7:58pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Thanks for the detailed heads-up!

Reply to this post
Reply [edit]

Poster: cosmico Date: Jun 29, 2010 8:08pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Hope it made sense. I'm actually selling one of my computers so I can order some Sinister Cinema DVDs before the July special ends. Talk about b-movie devotion! lol

Reply to this post
Reply [edit]

Poster: DJason Date: Jun 29, 2010 3:46pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Somebody PLEASE tell us that Space-Thing is PD!

Reply to this post
Reply [edit]

Poster: k-otic Date: Jun 30, 2010 6:12am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Well, that would be great if Space-Thing are PD :)

Only titles that are still unclear

Revenge of the Virgins (1959)
C.C. and Company (1970)
Panic in Echo Park (1977)
Blonde Ice (1948)

While we are at it let me add some more titles in question

Where's That Fire? (1940)
Louisiana Story (1948)
The Headless Ghost (1959)
Alaska Highway (1943)
The Vampire (1957)
The Bold Caballero (1936)
Horrors of the Black Museum (1959)
Lisa and the Devil (1974)
Beau Brummel (1924)

This post was modified by k-otic on 2010-06-30 13:12:59

Reply to this post
Reply [edit]

Poster: billbarstad Date: Jun 30, 2010 5:06am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

The Headless Ghost (1959), The Vampire (1957) (The US production, not the Spanish film made the same year), and Horrors of the Black Museum (1959) had their copyrights renewed. Lisa and the Devil (1974) had it's copyright GATT-restored.

Type of Work: Motion Picture
Registration Number / Date: RE0000356229 / 1987-01-22
Renewal registration for: LP0000015299 / 1959-04-29
Title: The Headless ghost; motion picture. By Carmel Productions, Inc.
Copyright Claimant: Selma Enterprises (PWH)

Variant title: The Headless ghost
Names: Carmel Productions, Inc.
Selma Enterprises

Type of Work: Motion Picture
Registration Number / Date: RE0000261409 / 1985-10-01
Renewal registration for: LP0000008608 / 1957-06-11
Title: The Vampire. By Gramercy Pictures, Inc.
Copyright Claimant: United Artists Corporation, successor in interest to Gramercy Pictures, Inc. (PWH)

Variant title: The Vampire.
Names: Gramercy Pictures, Inc.
United Artists Corporation

Horrors of the Black Museum (1959) is a UK production, but shows renewals here:

Type of Work: Motion Picture
Registration Number / Date: RE0000397530 / 1987-02-11
Renewal registration for: PA0000376438 / 1958-04-01
Title: Horrors of the black museum. By Merton Park Studios, Ltd.
Copyright Claimant: Weintraub Entertainment (Rights) Ltd. (PWH)

Variant title: Horrors of the black museum
Names: Merton Park Studios, Ltd.
Weintraub Entertainment (Rights) Ltd.

Type of Work: Motion Picture
Registration Number / Date: RE0000356228 / 1987-01-22
Renewal registration for: LP0000015298 / 1959-04-29
Title: Horrors of the Black Museum; motion picture. By Carmel Productions, Inc.
Copyright Claimant: Selma Enterprises (PWH)

Variant title: Horrors of the Black Museum
Names: Carmel Productions, Inc.
Selma Enterprises

Type of Work: Motion Picture
Registration Number / Date: PA0000966149 / 2000-02-15
Application Title: Lisa e il diavolo.
Title: Lisa and the devil.
Description: 2 videocassettes ; 3/4 in.
Copyright Claimant: Leone International Films, Inc.
Date of Publication: 1972
Authorship on Application: motion picture: Euro-America Produzioni Cinematografiche, Srl.
Copyright Note: Reg. under GATT/URAA restoration

Names: Leone International Films, Inc.
Euro-America Produzioni Cinematografiche, Srl


This post was modified by billbarstad on 2010-06-30 12:06:48

Reply to this post
Reply [edit]

Poster: DJason Date: Jun 30, 2010 8:04am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

I've a copy of The Bold Caballero (1936) on another Mill Creek set. Between that and finding no record of a renewal, I'm guessing it's probably PD. What would be really cool would be if a Technicolor print turned up, because so far as I know, only b&w prints exist.

It's a Zorro flick, apparently the first talkie Zorro. Unfortunately, it's only so-so as entertainment. Zorro's Fighting Legion is far better.

Reply to this post
Reply [edit]

Poster: DJason Date: Jun 30, 2010 9:01am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Another movie that might be in the public domain: The Pig-Keeper's Daughter. I've got a digital copy, and there is NO copyright notice in it, neither the opening credits nor the closing shots. IIRC, that makes it PD, right?

It's a Harry Novak hicksploitation done in the early 1970s, and borders on porn. OTOH, it is of some historical interest as an example of pre-Deep Throat exploitation.

Reply to this post
Reply [edit]

Poster: billbarstad Date: Jun 30, 2010 10:01am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

I guess that your copy isn't the Valiant International Pictures version, which is copyrighted.

Type of Work: Motion Picture
Registration Number / Date: PA0000307091 / 1986-08-25
Application Title: Pigkeeper’s daughter.
Title: The Pig keeper’s daughter / director, Bethel Buckalew.
Description: 1 videocassette (VHS) (93 min.) : sd., col. ; 1/2 in.
Copyright Claimant: Valiant International Pictures
Date of Creation: 1986
Date of Publication: 1986-08-01
Authorship on Application: editing and some new cinematography: Valiant International Pictures, employer for hire.
Basis of Claim: New Matter: "editing and some new cinematography."

Names: Buckalew, Bethel
Valiant International Pictures

Reply to this post
Reply [edit]

Poster: DJason Date: Jun 30, 2010 10:29am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Don't think so. Certainly there's no footage that looks 1986 as compared to the rest of the 1972-shot movie. No company credits at all (it was produced by Novak's Box Office International). Nor is it transferred from VHS. OTOH, it's barely a minute shorter than that registration record indicates.

Reply to this post
Reply [edit]

Poster: billbarstad Date: Jun 30, 2010 4:27am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Revenge of the Virgins (1959) had to have it's registration renewed in 1987. It wasn't.

Reply to this post
Reply [edit]

Poster: billbarstad Date: Jun 28, 2010 11:10am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Revenge of the Virgins is PD - no copyright registration renewal. The Giant Claw and How to Make a Monster are under copyright.


Type of Work: Motion Picture
Registration Number / Date: RE0000227767 / 1985-01-15
Renewal registration for: LP0000009002 / 1957-06-01
Title: The Giant claw. By Columbia Pictures Corporation.
Copyright Claimant: Columbia Pictures Industries, Inc. (PWH)

Variant title: The Giant claw.
Names: Columbia Pictures Corporation.
Columbia Pictures Industries, Inc.

Type of Work: Motion Picture
Registration Number / Date: RE0000286139 / 1986-02-12
Renewal registration for: LP0000012028 / 1958-06-30
Title: How to make a monster; motion picture. By Sunset Productions, Inc.
Copyright Claimant: Selma Enterprises (PWH)

Variant title: How to make a monster
Names: Sunset Productions, Inc.
Selma Enterprises



This post was modified by billbarstad on 2010-06-28 18:10:12

Reply to this post
Reply [edit]

Poster: Moongleam Date: Jun 28, 2010 9:24am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

I looked for one: Blonde Ice (1948). There seems to be no renewal.
And Alpha Video sells it.

This post was modified by Moongleam on 2010-06-28 16:24:55

Reply to this post
Reply [edit]

Poster: Video-Cellar Date: Jun 29, 2010 2:51am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

The Disappearance of Flight 412 (1974) - Copyright Contains notice end titles
The Wackiest Wagon Train in the West (1976) - Copyright Contains notice front titles
The Blood Barrier AKA Border Cop (1979)- No Notice. British film unable to determine US publication date. Script was registered in 1987.
The Mack (1973) - Copyright
Redneck (1973) - Copyright PA0000484018/RE0000850428
Horror of the Blood Monsters (1970)- Copyright PA0000787165/RE0000810238
Hangar 18 (1980) - Copyright PA0000084789
Firehouse (1973) - Copyright. There are reg's and renewals for all of the series that this is from.
Panic in Echo Park (1977) - Conatins notice front titles
The Spook Who Sat by the Door (1973) - Copyright
The Man in the Cube (1969) - can't find any info
The Strangers in 7A (1972) Contains notice front titles
One on Top of the Other (1969) - GATT/URAA PA0001340174

Reply to this post
Reply [edit]

Poster: k-otic Date: Jun 29, 2010 12:35am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Thanks for the info.
I Guess I'll have to take a closer look at the credits

filmchest.com have some of the titles at their online public domain film catalog.

Like:
http://www.filmchest.com/film-chest/search-public-domain-films/filmlibrary/action/Border-Cop

http://www.filmchest.com/film-chest/search-public-domain-films/filmlibrary/action/Hangar-18

It's too bad that The Giant Claw isn´t PD ... IMHO it has one of the funniest out of space monster in movie history :)
http://www.youtube.com/watch?v=6sKGz-hQ0yg

Reply to this post
Reply [edit]

Poster: tristero Date: Jun 28, 2010 11:10am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Some of these are covered in skybandit's post from earlier this year: http://www.archive.org/iathreads/post-view.php?id=285670. It's a summary of many of V-C's findings.

The Al Adamson films, at least, are not PD, according to that list:

Horror of the Blood Monsters (1970)
Dracula vs. Frankenstein (1971)
Brain of Blood (1972)
Blood of Ghastly Horror (1972)
Blood of Dracula's Castle (1969)

Reply to this post
Reply [edit]

Poster: guyzilla Date: Jun 29, 2010 1:08am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

I clicked the link and saw quite a list. I saw that "Alice Sweet Alice" was on the PD part of that list, but I think it was one of the ones I uploaded last year but had to take it down because it was copyright. I could check again, though.

Reply to this post
Reply [edit]

Poster: Video-Cellar Date: Jun 29, 2010 3:18am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Alice Sweet Alice is one of the curiosities of copyright in America. It was originally released from 1977 as "Communion", "Holy Terror" and "Alice Sweet Alice" always containing the faulty notice:

"ALL RIGHTS RESERVED.
HARRISTOWN FUNDING LTD."

However, in 1982 the copyright office allowed the following registration to be filed:

Alice, sweet Alice / producer, Richard K. Rosenberg ; director, Alfred Sole.
Type of Work: Motion Picture
Registration Number / Date: PA0000207022 / 1982-11-01
Application Title: Communion; Holy terror.
Title: Alice, sweet Alice / producer, Richard K. Rosenberg ; director, Alfred Sole.
Imprint: New York : An Allied Artists release, c1976.
Description: 2 videocassettes (107 min.) : sd., col. ; 3/4 in.
Cast: Paula Sheppard, Brooke Shields, Linda Miller et al.
Credits: Original screenplay: Rosemary Ritvo, Alfred Sole; cinematographer: John Friberg, Chuck Hall; music by Stephen Lawrence; editor: Edward Salier.
Copyright Claimant: Harristown Funding, Ltd.
Date of Creation: 1976
Date of Publication: 1977-11-12
Date in Notice: notice: 1976
Authorship on Application: Harristown Funding, Ltd., employer for hire.
Previous Registration: Screenplay prev. reg. 1975, DU93716.
Basis of Claim: New Matter: "dramatization for film, incl. addition of soundtrack."
Copyright Note: C.O. correspondence.

Other Title: Communion
Holy terror
Names: Rosenberg, Richard K.
Sole, Alfred
Harristown Funding, Ltd.

The registration was accepted because an ammended print contatining a copyright notice superimposed under the title was submitted. It was also lodged as a derivative work from a registered, unpublished script, which under some court decisions could be seen to have been published to the public domain in so much as it was included in a film published into the public domain. But this is considered a grey area of copyright law.

The current "copyright owner" Gunslinger Media Inc aggressively protects its "copyright".

Reply to this post
Reply [edit]

Poster: Moongleam Date: Jun 29, 2010 3:54am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Video-Cellar, since the renewals made in the 2nd half of 1961 aren't available online, would you mind checking in that time period for Mrs. Wiggs of the Cabbage Patch (1934)?
W. C. Fields has a small role in it.

Reply to this post
Reply [edit]

Poster: OTRTim Date: Aug 28, 2011 10:32pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

I think the only legal way Alice Sweet Alice could be uploaded would be if someone had one of the old vhs tape releases of it from 1980s. There were a few different American vhs tape releases. imdb.com lists the film as running 98 minutes in an R rated form while the uncut unrated version runs 108 minutes.
I'm thinking the longer cut which Anchor Bay and Hen's Tooth Video released to dvd would be the copyrighted print since they both have a copyright notice in the opening credits listing both Alfred Sole the copyright symbol along with the year 1998 when longer cut was released to dvd. I know VCI Entertainment is going to be releasing a dvd of Alice Sweet Alice or they already have. Whether or not they recycle the director's cut released by AB and Hen's Tooth your guess is as good as mine.

Reply to this post
Reply [edit]

Poster: HektorT Date: Jun 29, 2010 5:59am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Good to see you back VideoCellar.

I'm not sure what you mean here:

>>The registration was accepted because an ammended print contatining a copyright notice superimposed under the title was submitted.<<
Submitting a print with new matter is sufficient to get copyright. The notice is an added bonus but under the 1978 law, not having it would not immediately have made it PD.

>> It was also lodged as a derivative work from a registered, unpublished script, which under some court decisions could be seen to have been published to the public domain in so much as it was included in a film published into the public domain. But this is considered a grey area of copyright law.<<

If the script was registered separately, then any film based on it could not be PD because the underlying work (the script) would be under copyright. The film could only be PD if the script was registered *after* the film was published. But in that case the entire script would not be eligible to be registered. The only possibility would be to register parts of the script that had not been included in the film. Where is the grey area?



Reply to this post
Reply [edit]

Poster: guyzilla Date: Jun 29, 2010 11:30pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

I knew there was some reason why I either took it down or didn't put it up in the first place. But I did see the info when I checked with USCO last night.

Reply to this post
Reply [edit]

Poster: Video-Cellar Date: Jun 29, 2010 11:58pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

An unpublished registration for copyright in a pre-1978 work could be rendered invalid by publication without notice. The grey area of law is whether the inclusion of the script in a published film constitutes publication of the script. Some case law says yes. Some case law says no.

This post was modified by Video-Cellar on 2010-06-30 06:58:20

Reply to this post
Reply [edit]

Poster: HektorT Date: Jun 30, 2010 12:01pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

re: grey areas. I'll have to disagree. I think the Batjac vs Goodtimes Court of Appeals ruling on the John Wayne film McClintock was the definitive answer to this. It ruled that when a film falls into the public domain so does the underlying script

Here was the losing argument that tried to claim otherwise:

>>...Bajac’s argument amounts to the view that “the publication of the movie McLintock! had no effect on its ‘common law’ copyright in the unpublished screenplay for McLintock!, because the screenplay itself was not published. Furthermore, petitioner [Batjac] claims that (even though its statutory copyright in the movie McLintock! has expired) its rights in the screenplay for McLintock! give it the right to control the movie McLintock!, since the movie incorporates protected elements from the screenplay. The district court and court of appeals properly rejected that argument....<<

The following probably more relevant

>>“[I]f a previously unpublished screenplay is embodied in a motion picture, so much of the screenplay as is disclosed in the motion picture is published when the motion picture is published.” (Quotation from Certiorari to Supreme Court (1998) regarding Batjac v. Goodtimes (9th Cir., 1998), reporting that this Appeals Court resolved the issue in the same way as had occurred in Shoptalk, Ltd. v. Concorde-New Horizons Corp., 168 F.3d 586 (2d Cir. 1999). The former case involved the unpublished screenplay of McLintock! (1963), the latter that of Little Shop of Horrors (1960). The Supreme Court chose not to schedule an appeal.)

The “Compendium of Copyright Office Practices under the 1976 Act” is an in-house document used in the Copyright Office to guide employees in their work. This document, at § 910.04 (1984 edition), states: “The inclusion of an unpublished work in another work that is later published results in the publication of the first work to the extent that it is disclosed in the published work.”
As Example 1, the Compendium states: “Where a preexisting unpublished screenplay is embodied in a motion picture, those elements of the screenplay disclosed in the motion picture are considered to be published at the same time as the motion picture is published.”
The “Compendium of Copyright Office Practices under the 1909 Act” (1977 edition), at § 3.1.1 IV.a., states: “Publication of a portion of a work does not necessarily mean that the work as a whole has been published”<<

from:
http://chart.copyrightdata.com/c10E.html


This post was modified by HektorT on 2010-06-30 19:01:40

Reply to this post
Reply [edit]

Poster: anh Mike Date: Jul 9, 2010 11:16am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

I wonder how much this guy thought he would make off John Wayne movie. 1998 probably would have pulled in more money than now. The court costs were not worth the value of the movie in profits, at least in my opinion.

Reply to this post
Reply [edit]

Poster: HektorT Date: Jul 10, 2010 7:06am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

One of the reasons that public domain law is as vague as it is, is that few cases ever get to court. If a big Hollywood film studio puts a Cease & Desist on you, most peole think it makes sense to Desist, so there is never a trial and the law doesn't become any clearer. If Batjac vs Goodtimes never went to court, a lot of stuff would never clearly be PD and the studios would continue to claim rights to it. Maybe Batjac did this because they thought they could make money and maybe they did it because the thought that a legal precedent needed to be set, and they could afford it. There are sometimes cases where the cost of legal counsel is much less than you would expect either because one of the defendants is a lawyer or because the law firm agrees to do pro bono. In any case, in 1998 it was not at all clear that protecting your riht to continue to sell VHS home video would mean you also protect, ten years later, the rights of every tom dick and harry with a dvd ripping software and an internet connection to sell download copies of that movie or broadcast it online for free. It's a different world now.

If you scour the web a bit, you'll see that McClintock is often included on a list of Favorite John Wayne films. That shows the value of the Public Domain. I'd be willing to bet that McClintock is watched more than any other non-PD John Wayne film (it's the only PD JW film in color). When something is free it is available to the masses. People living in India who make a few hundred dollars a month and speak fluent english can watch McClintock when they wonder what John Wayne is all about.

Ask people to name a horror film? How often does "Night of the Living Dead" come up? Same story. It's PD, plus it is good.

Maybe it would be a good idea for somebody like the EFF to set up a legal defense fund and choose one or two PD cases a year to defend, to help keep things honest and ensure that the law continues to evolve and/or become more clear.

Reply to this post
Reply [edit]

Poster: Video-Cellar Date: Jul 10, 2010 7:27am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

I think that they had seen some companies successfully recapture copyrights through underlying rights and thought that they would be able to follow and get back exclusive distribution. It didn't work out that was an they did end up having to shell out a few hundred thousand dollars in costs.

The legal action regarding McLintock was originally between MPI home Video (Maljack Productions Inc) and Goodtimes Home Video and eventually between the Batjac Productions (lead by the films producer, and John Wayne's son, Michael Wayne) and GoodTimes and the Registrar of Copyrights. It was instigated a couple of years after the film entered the public domain due to non-renewal.

These are some of the arguments Maljack and Batjac covered in the long process. In the end they were really grasping at straws trying to regain control of the picture.

-Music: that Batjac had the exclusive right to synchronise the copyright soundtrack to the film and that GoodTimes video had no rights to synchronise the music even though it had sought a new licence from the music publisher (EMI-UA Catalogue). The court found that the synchronisation of music is included in the motion picture copyright and that use of copyright music in a public domain film does not infring mechanical copyright if a direct from the publisher or compulsory licence is used.

-Script: They claimed that the film was based on an unpublished screenplay which was also later turned into a comic book. The court ruled that as much of the screenplay that was presented in the film was published with the film and the later publication of a comic book based on the script did not make the film derivative of a literary work.

-Common Law trademark and propety claims: They claimed that McLintock was a common law trademark that was infringed by Goodtimes' use. The court rejected this outright. They also made property claim, claiming that GoodTimes illegally accessed Batjac's vault print to make their video master. This was rejected by the court on the basis that more than one print survives.

They eventually got some satisfaction when PD distributor UAV copied the MPI video for a release. Maljack and Batjac successfully argued that panning and scanning a widescreen film creates a new audio visual work which is the subject of copyright.

Reply to this post
Reply [edit]

Poster: billbarstad Date: Jun 28, 2010 1:41pm
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

Of the 2 movies made after 1977, I found one registration at USCO. It's for Hanger 18:

Type of Work: Motion Picture
Registration Number / Date: PA0000084789 / 1980-10-08
Title: Hangar 18 / produced by Charles E. Sellier, Jr. ; directed by James L. Conway.
Imprint: [s.l. : s.n.], c1980.
Description: 5 film reels (99 min.) : sd., col. ; 35 mm.
Notes: Deposit includes synopsis (2 p.)
Cast: Gary Collins, Robert Vaughn, James Hampton et al.
Credits: Story by Tom Chapman & James L. Conway; screenplay by Steven Thornley; music composed and conducted by John Cacavas; director of photography: Paul Hipp; film editor: Michael Spence.
Copyright Claimant: Taft International Pictures, Inc.
Date of Creation: 1980
Date of Publication: 1980-06-27
Authorship on Application: Schick Sunn Classic Productions, Inc., employer for hire.

Names: Sellier, Charles E., Jr.
Conway, James L.
Taft International Pictures, Inc.
Schick Sunn Classic Productions, Inc.

You'll have to look in the movie titles at the beginning and end to see if there's something like 1979 COMPANY NAME Copyright or © 1979 COMPANY NAME for Blood Barrier and the others. All 3 elements are necessary, i.e., year, production company, and the word copyright or its symbol, ©. If they aren't there, the movie is PD.

Reply to this post
Reply [edit]

Poster: Moongleam Date: Jun 28, 2010 9:17am
Forum: feature_films Subject: Re: Are any of these titles in the Public Domain?

http://cocatalog.loc.gov says:

"Works originally copyrighted between January 1, 1964, and
December 31, 1977: The amendment to the copyright law enacted
June 26, 1992, makes renewal registration optional."

Doesn't this mean that films made in the U.S. after 1963 aren't p.d. unless they lack a proper copyright notice?